25 Sep 2019 in Senate:
Thank you, Mr. Deputy Speaker, Sir. We are all talking because of the frustrations we face, arising from the feeling on the ground that we are not doing enough. This power to oversight is in Article 96(3) of the Constitution. We have constitutional powers. It is not statutory; it is constitutional. I urge my good friends who serve in the CPAIC to up their game and build the confidence of the public. Let our people on the ground feel that the Senate is doing oversight.
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25 Sep 2019 in Senate:
Going back to this issue, I am always very reluctant to question some actions by the Judiciary. We filed a suit in the High Court over two months ago. When I served in the Law Society of Kenya (LSK) from 2007 to 2011, I remember we petitioned the removal of the then Chief Justice, Evans Gicheru. That is why he was given a limited period of transiting from the previous Constitution to the new one. It is because he used to take a very long period of time to appoint a panel of Judges to hear constitutional petition matters, where ...
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25 Sep 2019 in Senate:
Mr. Deputy Speaker, Sir, I was shocked when I appeared in court last week together with Sen. (Dr.) Kabaka and the Judge casually just told us that he is sorry that a panel of three Judges had not been picked to hear our matter. How can such a small administrative issue take over two months? That is not the way to dispense justice. This Constitution says that justice should not be delayed.
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25 Sep 2019 in Senate:
Mr. Deputy Speaker, Sir, I am making a very strong appeal to the leadership of the Judiciary to give some serious attention to such petitions. That is a very heavy constitutional petition that is in court. The best the Judiciary can do is to allocate time. We do want to influence the final finding. Let them give it priority and allocate it time, so that a decision can be made. It will be very unfortunate if in the next financial year we again go back to the debacle that we faced this financial year.
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25 Sep 2019 in Senate:
Sen. Mutula Kilonzo Jnr. and I appeared on behalf of the Senate for the mediation. There was no mediation; we were just engaging in a shouting match. I would not want to be appointed to sit in mediation with the National Assembly if the calibre of people that will appear will include the likes of Hon. Duale and Nominated Member of Parliament, Hon. Sankok, who just hurls abuses at honourable Members of Parliament. That is not the way we need to conduct business. We need to have an approach that portrays us as leaders who can discuss issues soberly on ...
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25 Sep 2019 in Senate:
Secondly, I challenge this Senate. Let us have a two-pronged approach. If a solution cannot come from the Judiciary, let us go back to the people. We are 68 Senators here. How can we allow a man such as my good friend, Dr. Aukot, to go to the people, raise one million signatures and move an amendment to the Constitution, when we, the 68 of us, cannot do that? By a simple calculation, if we wanted to amend this Constitution through popular initiative and divided that initiative amongst the 68 Senators, all one needs to collect is less than 20,000 ...
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25 Sep 2019 in Senate:
This delay in disbursement of money and inadequacy of resources being send to counties resonates with the Members of County Assemblies.
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25 Sep 2019 in Senate:
I am not seeing any challenge in us obtaining an approval from more than the 25 county assemblies. I challenge us, as Senators, to be bold. If push comes to shove, let us go back to the people. Let us draft a constitutional amendment, go back to the people, get the one million signatures and go for a referendum, so that we strengthen this Senate. Otherwise, history will never forgive us. Some of these things are happening because some people want to give a skewed interpretation to our Constitution.
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25 Sep 2019 in Senate:
What is in Articles 90 and 94 about legislative authority being in the National Assembly and the Senate is in the same language as what is in the United States of America (USA) Congress and the Senate. It was copy pasted into our Constitution. If you go to the USA, the Senate has more say on issues dealing with appropriation of money than what we have here. What is happening here is because Members of the National Assembly have a fixated mind that Senators should not have any say on revenue sharing. How can we, seven years after enacting our ...
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25 Sep 2019 in Senate:
Madam Speaker, I have read in this Schedule that we are urging the county governments to act expeditiously---
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